Criminal Justice News

Friday, July 31, 2015

Justice Department Releases Findings of Constitutional Violations in Juvenile Delinquency Matters by St. Louis County Family Court

Following a comprehensive investigation, the Justice
Department today announced its findings regarding the Family Court of the
Twenty-First Judicial Circuit of the state of Missouri, commonly known as the
St. Louis County Family Court.The
Justice Department found that the family court fails to provide
constitutionally required due process to children appearing for delinquency
proceedings, and that the court’s administration of juvenile justice
discriminates against Black children.The investigation was conducted under the Violent Crime Control and Law
Enforcement Act of 1994, which gives the department the authority to seek a
remedy for a pattern or practice of conduct that violates the constitutional or
federal statutory rights of youths in the administration of juvenile justice.

“The findings we
issue today are serious and compelling,” said Principal Deputy Assistant
Attorney General Vanita Gupta, head of the Civil Rights Division.“Missouri was at the forefront of juvenile
corrections reform when it closed its large juvenile institutions and moved to
a smaller, treatment-focused system and we are hopeful that Missouri will rise
to this challenge to, once again, be a leader in juvenile justice reform.This investigation is another step toward our
goal of ensuring that children in the juvenile justice system receive their
constitutionally guaranteed rights to due process and equal protection under
the law.”

Since opening this investigation in November 2013, the Civil
Rights Division has analyzed data relating to nearly 33,000 juvenile cases,
including all delinquency and status offenses resolved in St. Louis County
Family Court between 2010 and 2013; and has reviewed over 14,000 pages of
documents, including family court records, transcripts, policies, procedures
and external reports.In June 2014,
Justice Department attorneys and its consultants—a law school clinical
professor and experienced juvenile defense attorney and a nationally-recognized
expert on measuring juvenile justice disparities through statistical
analysis—visited the family court and interviewed a number of court personnel,
including all of the judges and commissioners as well as the heads of many of
family court programs and services.They
also collected information from both the state and local public defender’s
offices, private attorneys with experience in the family court and the parents
of youth who had been involved in delinquency proceedings with the family
court.

The Justice Department found a number of constitutional
violations, including:

Failure to make adequate determinations that there is
probable cause that a child committed the alleged offense;

Failure to provide adequate due process to children facing
certification for criminal prosecution in adult criminal court;

Failure to ensure that children’s guilty pleas are entered
knowingly and voluntarily;

An organizational structure that is rife with conflicts of
interest, is contrary to separation of powers principles and deprives children
of adequate due process; and

Disparate treatment
of Black children at four key decision points within the juvenile justice
system.

The department has opened four cases examining whether
juvenile justice systems comply with children’s rights since 2009.In 2012, the department settled its first
investigation of this kind, reaching an agreement with the Juvenile Court of
Shelby County, Memphis, Tennessee that calls for comprehensive due process,
equal protection and facility reforms.On June 19, 2015, the Justice Department announced a partial settlement
of its lawsuit alleging violations of children’s due process rights in
Lauderdale County, Mississippi.In March
2015, the department announced its investigation of due process and disability
discrimination issues in the Dallas County Truancy Court and Juvenile District
Courts.